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IN THE COURT OF APPEALS OF TENNESSEE, AT NASHVILLE
September 2001 Session VANDAL DOSS V. TENNESSEE FARMERS MUTUAL INSURANCE COMPANY
Appeal from the Circuit Court for Sumner County No. 19338-CTom E. Gray, Chancellor
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NO. M2000-01971-COA-R3-CV - Filed December 10, 2001
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This is an appeal from the Judgment of the Chancellor for Sumner County, Tennessee, dismissing Vondal Doss's Complaint against Tennessee Farmers Mutual Insurance Company, alleging breach of contract for failure to make payment for medical expenses pursuant to the medical payment coverage contained in two insurance policies and the Defendant's Counter-Complaint for subrogation. Doss had suffered a personal injury as a result of an auto accident which occurred on April 8, 1993 involving a third-party tortfeasor. Plaintiff/Appellant filed a Motion to Appeal on August 2, 2000. The Judgment of the Chancellor is affirmed on all counts. Doss's claim for additional post-settlement medical payments is denied as a result of the execution of the Release and Order of Compromise and Settlement which extinguished Tennessee Farmers' subrogation rights. Tennessee Farmers' claim for reimbursement is denied. Costs of this Appeal are assessed to the Appellant. Tenn.R.App.P.3 Appeal as of Right; Judgment of the Circuit Court Affirmed DON R. ASH , S.J., delivered the opinion of the court, in which WILLIAM B. CAIN , J. and BEN H. CANTRELL, P.J., joined. OPINION I. Plaintiff/Appellant Vondal Doss suffered a personal injury as a result of a motor vehicle accident on April 8, 1993. She was a passenger in a car owned and driven by her daughter, Angie Ford. The accident occurred when a truck driven by Jimmy Gotcher turned left directly into the path of the Ford vehicle. At the time of the accident, Vondal Doss and Angie Ford were both insured by automobile policies written and issued by Defendant/Appellee Tennessee Farmers Mutual Insurance Company (herein after "Tennessee Farmers") which contained medical payment coverage with limits of $5,000.

Appellant was eligible for medical payment coverage under both policies for a grand total of $10,000. At the time of the accident, Jimmy Gotcher was also insured by an automobile policy written and issued by Farmers Insurance Exchange that carried a liability limit of $25,000. Shortly after the accident on April 8, 1993, Doss sought and received $3,000 as compensation for her initial medical expenses under the terms of two insurance policies written by Tennessee Farmers. Tennessee Farmers was under a contractual obligation to make payment for medical expenses up to the liability limit of $10,000. It is uncontested in this matter the insured's medical expenses totaled $46,000. Mike Delk, agent of Tennessee Farmers, advised the Plaintiff's husband the insurer was prepared to make the payment of an additional $7,000 under the applicable insurance policies if the insured accepted the $25,000 limit of the Gotcher insurance policy. Delk indicated Tennessee Farmers would not make such payment if suit was filed against Jimmy Gotcher seeking damages in excess of the $25,000 policy limit. Vondal Doss elected to file suit against the third party tort-feasor, Jimmy Gotcher and the Springfield Printing business on April 14, 1994 rather than pursue a second demand on Tennessee Farmers for the remaining $7,000 of medical coverage. Tennessee Farmers was also served with a copy of the Complaint, pursuant to T.C.A.

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